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HomeMy Public PortalAboutordinance 02:16 (Ordinance ]ouncilman Presents the £ollowinaOrdinance Seconded by Councilman AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 00-22, CREATING CHAPTER 183 OF THE C..,0DE OF THE BOROUGH OF CARTERET AND ESTABLISHING AN, OPEN SPACE TRUST FUND WHEREAS, on June 1,2000, the governing body of the Borough of Carteret (the "Borough") adopted Ordinance No. 00-22 establishing an Open Space Trust Fund as authorized pursuant to N.J.S.A. 40:12-15.1 et seq.; and WHEREAS, pursuant to Section 183-2A of the Ordinance, the Carteret Open Space Trust Fund is to be funded through the dedication to the fund of an amount of one cent ($0.01) per one hundred dollars ($100.00) of assessed valuation of each annual tax levy commencing with the year 2001; and WHEREAS, pursuant to the provisions of Section 183-2B of the Ordinance, the purposes for which the funds accumulated within the trust fund could be utilized are exclusively restricted to the acquisition of land or development rights in land for active or passive recreation; and WHEREAS, as required by N.J.S.A. 40:12-15.7, the governing body submitted to the voters of the Borough in the 2000 General Election a proposition authorizing the imposition of the annual tax levy rate for the purposes set forth in Ordinance No. 00-22; and WHEREAS, at the November 7, 2000 General Election a majority of the voters of the Borough approved the proposition authorizing the amount of the levy for the purposes specified therein; and WHEREAS, as a result of voter approval of said proposition, the provisions of Ordinance No. 00-22, creating Chapter 183 of the Code of the Borough of Carteret and establishing the Carteret Open Space Trust Fund became effective and was implemented on January 1,2001; and WHEREAS, the governing body has since been advised that the funds accumulated within the Open Space Trust Fund cannot be fully utilized as intended to include improvements to and maintenance of park land and other recreational facilities throughout the Borough because of the restrictions placed on the use of the funds by Ordinance No. 00-22 as approved by the voters to only the acquisition of land or development rights in land; and BO. 02-16 l'aO~--2 ......... WHEREAS, the governing body has determined that a significant number of projects to improve the quality of the Borough's parks and create and expand recreational opportunities for all of the Borough's residents could be funded through the Open Space Trust Fund if the same was amended to expand the purposes for which the fund could be utilized as authorized by N.J.S.A. 40:12-15.7. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of Carteret, County of Middlesex, State of New Jersey that Ordinance No. 00-22, creating Chapter 183 of the Code of the Borough of Carteret and establishing the Carteret Open Space Dedication Fund shall be amended and supplemented as follows: Section 1. Section 183-2. Funding; Utilization of Funds shall be deleted in its entirety and replaced with the following: A. The Carteret Open Space Trust Fund shall be funded through the dedication to the fund of the amount raised through an annual tax rate levy of two cents ($0.02) per one hundred dollars ($100.00) of assessed valuation commencing with the year 2003 and thereafter. The fund shall be permitted to accept additional donations and testamentary bequests. B. Any and all funds accumulated within the Trust Fund from the date of its original inception as approved by the voters on November 7, 2000, and thereafter may be utilized for any or all of the following purposes, or any combination thereof, as authorized by N.J.S.A. 40:12-15.7 and as determined by the governing body: (1) acquisition of lands for recreation ar~conservation purposes; (2) development of lands acquired for recreation and conservation purposes; (3) maintenance of lands acquired for recreation and conservation purposes; (4) historic preservation of historic properties, structures, facilities, sites, areas, or objects, the acquisition of such properties, structures, facilities, sites, areas, or objects for historic preservation purposes; or (5) payment of debt service on indebtedness issued or incurred by the Borough for any of the purposes set forth in subparagraphs (1), (2) or (4) of this paragraph. NO. ~2-1fl PAGE 3 C. The amount of funds raised by the annual levy may be allocated to any of respective purposes specified in paragraph B above, as determined by the governing body after conducting at least one public hearing thereon. Section 2. The Municipal Clerk is hereby authorized and directed to have submitted to the voters of the Borough in the general election next following the adoption of this amendatory Ordinance a proposition amending and supplementing the proposition previously submitted and approved by the voters. The Municipal Clerk is to have the amending and supplementing proposition required by this amendatory Ordinance and the provisions of N.J.S.A. 40:12-15.7(d) submitted to the voters as separate and independent public questions authorizing (1) the additional purposes provided for pursuant to Section 183-2B herein, and/or (2) the change in the amount of the tax rate levy set forth in Section 183-2A herein. Should the voters only approve one portion of the proposition, then only that portion shall be implemented as provided for by this amendatory Ordinance. Should the voters approve neither portion of the proposition, then the provisions of Ordinance No. 00-22 shall remain as previously approved. Section 3. The Mayor and Municipal Clerk are hereby authorized to execute such documents as may be required for the provisions of this Ordinance to be submitted to the voters of the Borough as a public question. Section 4. The parts, or part, of this amendatory Ordinance that are/is approved by the voters at the next general election shall be implemented effective January 1,2003. Section 5. All Ordinances and/or provisions thereof inconsistent with the provision of this Ordinance shall be and are hereby repealed as to the extent of any such inconsistencies. Section 6. If any section, subsection, part, clause or phrase of this Ordinance shall be declared invalid by judgment of any Court of competent jurisdiction, the section, subsection, part, clause of phrase shall be deemed to be sever able from the remainder of this Ordinance. Section 7. The provisions of this Ordinance that do not require voter approval shall take effect upon passage and publication according to applicable law. DO NOT USE SPACE BELOW THIS LINE RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV I A.B. COUNCILMAN YES NO NV A.B. -~PSkRiS~ X SANTORO X REIMAN X SOHAYDA X RIOS X SOSNOI~SKI X X - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto * 4opted on first reading of the Council of the Borough of Carteret, N.J., on _ JOLY 1.$ ~ 2002 -mlopted on second reading after hearing on AUGUST 15, 2__002 AP. OW Y Affidavit of Publication Publisher's Fee $142.56 Affidavit Char§e $17.00 _ate of New Jersey } ss. MIDDLESEX COUNTY Personally appeared PAT HENEGHAN 0f the Home News Tribune, a newspaper printed In Freehold, NJ and published In NEPTUNE, In said County and State, and of general clrculatl0n In said county, who being duly sworn, deposeth and salth that the advertisement of which the annexed Is a true copy, has been published In the said newspaper 1 (ONE) times, once In each Issue, as follows 7/23/02. - -~'~ A.D,, 2002 Sw~orn NOTARY ~'I:)F NEW~ and subscribed b~re me this ~) ~ ~_ ~ 23rd day of July, A.D., 2002 N0t~ ~lic 0f New Jersey ~UGH OF C~TER~ ~ The Carteret Open Space Trust Fund shall be ~ funded throu h the dedication to the fund of the amount raise~ through an annual tax rate levy of OROI~NCE~02-16 two cents ($0.02) per one hundred dollars AN ORDINANCE AMENDING AND SUPPLEMENT- ($1~,00) of assessed valuation commencing with lNG ORDINANCE NO. 0~ CRATING CHAPTER the ~ear 2003 and therea tar The fund shall be 1~ OF THE CODE OF TH~ BOROUGH OF CAR- permitted to accept additional donations and testa- TENET AND ESTABLISHING AN OPEN BPACE mentary bequests. ~U~T FUNO B. Any and all funds accumulated within the Trust WHEREAS, on June 1, 2~, the governing body of Fund from the date of its original ince tion as the Borough of Carteret (the "Borough") adopted approved by the voters on November 7 2~ and Ordinance No. ~22 establishin an Open S ace thereafter may be utilized for any or' all o{ the Trust Fund as authorized pursua~ to N,J.S~ 4~ 12- following purposes, or an combination thereof, as 15.] et seq.; and authorized by N.J.SA. 40:~2-15.7 and as determ ned WHEREAS, ursuant to Section 183-2A of the Ordi- by the governing body: nance, the ~arteret Open Space Trust Fund is to be (1) acquisition of lands for recreation and conser- ~nded through the dedication to the fund of an vabon purposes; amount of one cent ($0.01 pe one hundred doUars (2) development of lands acquired for recreation $]~.00 of assessed valuation o each annual tax end conservation purposes; le commencing with the year 2001' and W~EREAS, pursuant to the provisions of Section (3) maintenance of lands acquired for recreation and conservation purposes; ~83-2B of the Ordinance, the urposes for which (4) structures, facilities, sites areas, or objects, the funds accumulated within t~e trust fund could historic preservatio~ of historic propertes be utilized are exclusively restricted to the acquisi the acquisition of such pr~pert es, structures, tion of land or development rights n and or act ve fac t es, sites, areas, or objects for historic or assive recreation; and preservaton urposes' or W~REAS, as required by NJ.SA 40 ]2-]5.7 the (53 payment of ~bt service on indebtedness is- overning body ~ubmitted ~o the ?oters o~ the sued or incurred by the Borough for any of ~orou~h in the 2000 General Election a proposition the purposes set forth in subparag aphs (1), authorlzin the imposition of the annual tax levy (2) or (4) of this paragra h. rate for t~e purposes set forth in Ordinance No. C. The amount of funds rmse~by the annual levy 0~22; and may be allocated to any of resp~tve put.sas WHEREAS, at the November 7, 20~ General E~ec- s ecifled in paragraph B above, as determ ned by tion a majority of the voters of the Borough a~ t~ ~overnin& body after conducting at east one proved the proposition authorizin the amount of ublic hearing thereon. the levy for the purposes specifie~therein and ~ection 2. The Municipal Clerk Is hereby authorized WHEREAS, as a result of voter approval of said and directed to have submitted to the voters of the proposition, the provisions of Ordinance No. 00-22, Borough in the general election next follow ng the creating Chapter 183 of the Code of the Borough of adoption of this amendatory Ordinance a pro.si Carteret and establishing the Carteret Open Space tion amendin and supplementin~ the propos t on Trust Fund became effective and was implemented previously su~mRted and approved by the voters. on January 1, 2001; and ~e Municipal Clerk is to have the amend ng and WHEREAS, the overning body has s nee been ad- supplementing proposition required by this amen- vised t~t the ~nds accumulated within the Open datory Ordinance and the provisions of NJ.SA. ~:~2-15.7(d submitted to the voters as separate and independent public questions authorizing (]) Space ~ st Fund cannot be fully utilized as intend ed tc de improvements to and maintenance of park and other recreational facilities through the additional urposes provided for pursuant to out th~0rough because of the restrictions placed Section ]83-2~herein, and/or (2) the change n on the use of the funds by Ordinance No. 00-22 as the amuunt of the tax rate levy set forth in Section approved by the voters to on y the acqu s t on of ]83-2A herein. Should the voters only a prove one land or development rights in land and portion of the proposition then WHEREAS, the ~overnin body has determ ned that shall be im lamented as provided for by this amen- a significant number ~ prolects o m rove the datory Ordnance Should the voters approve quality o the Borough's parks and c~ate end ther portion of the proposR on then the provisions of Ordinance NO 00-22 shall ~emain as previously expand recreational opportunities for all of the Borou h's residents could be funded through the approved Open ~pace Trust Fund if the same was amended Section 3. The Mayor end Municipal Clerk are to expand the purposes for wh ch the fund could be hereb authorized to execute such documents as utilized es authorized b N.J.S~ 40:12-~5.7. may ~e required for the provisions of th s Ord - NOW, THEREFORE, BE ~T ORDAINED by the Mayor nance to be s~bmitted to the voters of the Borough a~d Council of the Borough of Carteret County o as a public uestion Midd[esex, State of New Jersey that Ordinance Section 4 T~e parts, or part, of this amendatory No.00-22, creating Chapter ]83 of the Code of the Ordinance that are/is approved by the vo ers at Borou h of Carteret and estabiishing the Carteret the next general election shall be implemented Open ~pace Dedication Fund shabe amended and effective January [ 2003 supplemented as foltows: Sect on 5 All Ordinances and/or provisions thereof Section ] Section ~83 2. Fundin Ut zaton o inconsistent with the provision of this Ordinance Funds shall be deleted in its en r~y and replaced shall be and are hereby repealed as to the extent of hrase of this Ordinance shall be declared invalid ~y judgment of any Court of competent jurisdiction, Section 7. The provisions of this Ordinance that do passage and publicatPiioPn according to applicable law. J~J~y ~O02 when it was adopted on First Read- ing, ~ said ordinance will be further considered on Second Readin for final adoption at a meeting of said Council ~ the Borough of Carteret on Au ust 15, 2002 at ap~roximatel, 7:30 P.M., Munic- ip~ Court/Police Facility, 230 ~oosevelt Avenue ~e heard. KATHLEEN M. BARNEY Certified Municipal Clerk 15142.56) 82619 (Pa~e 2 of #826~9 ) Affidavit of Publication Publisher's Fee $16.72 Affidavit Charge $17.00 ---ate of New Jersey } ss. ~ % MIDDLESEX COUNTY Personally appeared PAT HENEGHAN of the [--Ioz~e lq'ews '1'rlbur~e, a newspaper printed in Freehold, NJ and published In NEPTUNE, In said County and State, and of general c[rculaUon in said county, who being duly sworn, deposeth and salth that the advertisement of which the annexed Is a true copy, has been published tn the said newspaper 1 ~O#E) times, once In each Issue, as follows 8/20/02. MY COMMISSION EXP. IRES OCT. 2, 2005 20th day of August, A.D., 2002 Notary Public of New Jersey ~ BOROUGH OF ~RTERET c.~T,.~ o.^.TE. ~83 _o_~ :r...~ ~CsO?~E~&.'